Tag Archives: drugs

Criminal Punishment Theory

I’ve often wondered about the theory of criminal punishment. How long should sentences be? For which crimes and external circumstances should people be let off, for which should there be alternative punishments, like civic work, or a fine instead of jail time. I’ve a few ideas, but here are some thought cases:

Someone steals an expensive handbag from a clothing store. What should the punishment be for (a) a ghetto black with no job, (b) a middle-class, college sophomore (c) a famous actress? Should it be the same for all? Is jail the best punishment — it costs money, and doesn’t help the criminal or the store. If jail, how long is appropriate? Should the length of stay correspond to the cost of the bag? If the punishment is money or civic service, how should the fine vary with the wealth of the thief, or if the person is a repeat offender? Many countries have corporal punishment — why or why not?

My sense is that sentences should be shorter for less-expensive items, and longer for more expensive. My sense is that a fine or civic service is appropriate for most first offenses, and while jail seems necessary for serious crimes, if only to keep criminals off the streets, the sentences should be reasonably short and include rehabilitation. I suspect that long sentences don’t help the criminal or society. I suspect that victimless crimes, e.g. prostitution or drug sales should have very short sentences or non-jail punishments, and I’m not quite sure what to do if the thief reforms in prison or appears to.

The US leads Russia, China, South Africa, and all of Europe in terms of percent of population is prison.

The US leads Russia, China, Cuba, India, and all of Europe in terms of percent of population in prison. It’s caused byvery long sentences, a product of fixed minimums. Strangely, our crime rate is low. Chart from the international business times.

Regarding prostitution perhaps it should be policed by the clergy, that’s why they get tax breaks. And why is sex between consenting adults punished as prostitution if money changes hands but not otherwise, or if the only pay is dinner? Why should the professional offender (the prostitute) pay more than the casual (the john). Why is drug use punished more than alcohol. Many drug and alcohol users live happy productive lives. To the extent that these crimes should be punished, it seems to me that fines, community service, or corporal punishment might be appropriate — I can not see prison healing a moral failing or reforming a victimless criminal.

And then there is rape. As a crime, the definition of rape has a long slippery slope, but the punishment does not. It isn’t quite clear where consensual become criminal, but the punishment is strict and undivided. We treat some cases as extreme crimes and others are let completely free. We have cases where the sex-criminal man or woman marries his or her underage partner, but is still guilty of statutory rape, and is then listed forever as a sex-criminal.

Children under 21 can not drink alcohol in the US, but they can in many other countries, and in some countries even older people can not drink at all. Is Saudi Arabia a very productive country; is Germany falling apart because of young drinkers? It seems not, so why is 21 the drinking age when you can choose to marry or join the army at 18. Soldiers are allowed to drink earlier than non-soldiers, but young marrieds are not afforded the same benefit. I don’t see why. The punishment for underage drinking varies too, as does the punishment for underage driving.

The Bible has some enlightened ideas on punishment, prescribing the use of fines of double or four or five times the value going to the victim (the thief pays 4 times for a stolen sheep, 5 times for a stolen cow, for example), but in other cases, it’s positively draconian prescribing death for homosexuality, violating the sabbath or for taking God’s name in vain. A seducer has to marry his seducee, but can not divorce her (assuming she agrees) but what if it’s an unhappy marriage? There is no room for judicial leniency in the bible, but there is in traditional applications; I’m not sure that’s not an improvement.

Robert E. Buxbaum, May 30, 2014. I’ve been wondering about the theory of appropriate punishment for at least 35 years. Are we protecting society, extracting vengeance, helping the criminal or doing some vague combination. My sense is we’re just bumbling blindly, and sorry to say, I have no answers.

Buddhists, Hindus and dentists joke

At the dentists’ office, Buddhist and Hindu monks don’t need anesthesia to have their teeth worked on. They transcend dental medication.

It’s funny because it’s a 3 word pun, and because there is something magical about the ability of people to conquer pain through meditation.

Focussed meditation can keep you from worry and other pain.

Focused meditation can keep you from worry and some physical pain. As for thugs, that’s more controversial. It’s possible that laughter, or looking at a spot will do as much. Gahan Wilson

The types of meditation, as I understand it, are two which are four. The two are focused and non-focused. focused meditation is supposed to allow you to conquer pain, both physical and spiritual. You concentrate on your breathing, or some other rhythmic action and thought; and whenever you realize that your mind is wandering you bring it back. A popular version is called square breathing: you breath in, hold, breath out, hold, etc. In time there is a sense of calm with the world. In theory, you can transcend dental medication, but I use the normal western practice of Novocaine plus gas. Meditation practitioners claim that directed meditation can also protect you from villains and bring peace in the world; I suspect that’s true, but also suspect that humor, or staring at a spot will do as much. I suspect that Dr Seuss has done wonders for peace in the world.

The second major version of mediation is non-focused; it can bring enlightenment if you use it right. You repeat a mantra slowly and let your mind wander along some general paths. The classic incantatory mantra is OM, and the classic paths include: what am I doing with my life, imagine a stick with one end, what is the sound of a hand clapping. The enlightenment that is supposed to arise is supposed to promote non-violence, charity, and a sense of oneness with the all. In general, I’ve found that letting one’s mind wander is a great way to solve difficult problems and to help one decide whether certain situations are worth being involved with. To the extent I’ve used a mantra, it’s versions of “radiator not leaking, mind leaking,” or “computer solution not unstable, mind unstable.” In the calm of realizing there is a solution, I’ve generally been able to find a solution.

Enlightenment can be as simple as realizing that you're there already or that you shouldn't manage a country that's unlike you and dislikes you.

Enlightenment can be as simple as realizing that you’re there already.

As for the other 2 types of meditation, it depends. To some, it involves rocking to the sound of the one hand clapping (or not). To some, it’s realizing you’re there already, or that you really don’t want to get involved in an Asian war to defend and manage a country that’s completely unlike yours, and that dislikes yours as well, or that it’s OK to use Novocaine and gas when you have your teeth worked on. That’s what they are there for.

Robert E. Buxbaum, May 24, 2014. Some wisdom from the Jewish mystics: Wherever you go, there you are, as for your baggage, who knows? Tea, with the first sip joy, with the second, satisfaction, with the third, Danish.

Is ADHD a real disorder

When I was in school, ADHD hadn’t been invented. There were kids who didn’t pay attention for a good part of the day, or who couldn’t sit in their seats, but the first activity was called day-dreaming and the second “shpilkas” or “ants in your pants.” These problems were recognized but were considered “normal.” Though we were sometimes disorderly, the cause wasn’t labeled a disorder. It’s now an epidemic.

There were always plenty of kids, me included, who were day-dreamers. Mostly these were boys who would get bored after a while and would start to look around the room, or doodle, or gaze into space thinking of this or that. Perhaps I’d do some writing or math in the margin of a notebook while listening with one ear; perhaps I’d work on my handwriting, or I’d read something in another textbook. This was not called a disorder or even an attention deficit (AD), but rather day-dreaming, wool-gathering, napping, or just not paying attention. Sometimes teachers got annoyed, other times not. They went on teaching, but sometimes tossed chalk or erasers at us to get us to wake up. Kids like me took enough notes to do OK on tests and homework, though I was never at the top of the class in elementary or middle school. The report cards tended to say things like “he could do better if he really concentrated.”  It’s something that could apply to everyone.

Then there were the boys who would now be labeled HD, or “hyperactive disordered.” These were always boys: those who didn’t sit well in their chairs, or fidgeted, or were motor mouths and got up and walked about, or got into fights, or went to the bathroom; these were the class clowns, and the trouble makers — not me except for the fidgeting. Girls would fidget or talk too, and they’d pass notes to each other, but they didn’t get into fights, and they weren’t as disruptive. They tended to have great handwriting, and took lots of notes in class: every single word from the board, plus quite a bit more.

There are different measures of education, if you measure a fish's intelligence by the ability to climb a tree it will spend its life thinking it's stupid.

There are different measures of education, if you measure a fish’s skill level by the ability to climb a tree you’ll conclude the fish is ADD or worse.

Elementary and middle schools had activities to work out the excess energy that caused hyper-activity. We had dancing, shop, fire drills, art, some music, and sports. None of these helped all that much, but they did some good. I think the fire drills helped the most because we all went outside even in the winter, and eventually we calmed down without drugs. Sometimes a kid didn’t calm down, got worse, and did real damage; these kids were not called hyperactive disordered, but “bad kids” or “juvenile delinquents.” Nowadays, schools have far less art and music, and no shop or dancing. There are a lot more hyperactive kids, and the claim nowadays is that these hyperactive kids, violent or not, are disordered, ADHD, and should be given drugs. With drugs, the daydreamers take better notes, the nappers wake up, and the hyperactive kids calm down. Today about 30% of high-school seniors are given either a version of amphetamine, e.g. Adderall, or of Methylphenidate (Ritalin, etc.) The violent ones, the juvenile delinquents, are given stronger versions of the same drugs, e.g. methamphetamine, the drug at the heart of “breaking bad.”

Giving drugs to the kids seems to help the teacher a lot more than it helps the kids. According to a famous joke, giving the Ritalin to the teacher would be the best solution. When the kids are given drugs the disorderly boys (it’s usually given to boys) begin to act more like “goodie goodies”. They sit better and pay attention more; they take better notes and don’t interrupt, but I’m not sure they are learning more, or that the class is, or that they are socializing any better than before. The “goodie-goodies” in elementary school (mostly girls) did great in the early grades, but their good habits seemed to hold them back later. They worked too hard to please and tended to not notice, or pretended to not notice, when the teacher said nonsense. When it came time for independent or creative endeavors, their diligent acceptance of authority stood in the way of excellence.Venn diagram of ADHD

The hyperactive and daydreamers were more used to thinking for themselves, a prerequisite of leadership. The AD ones had gotten used to half-ignoring the teacher, and the HD ones were more openly opinionated and oppositional: obstreperous, in a word. Those bright enough to get by got more out of their education, perhaps because it was more theirs. To the extent that education was supposed to make you a leader and a thinker, the goodie-goodie behavior was a distraction and a disorder. This might be expected if education is supposed to be the lighting of a fire, not the filling of a pit. If everyone thinks the same, it’s a sign that few are thinking.

Map  of ADHD variation with location for US kids ages 6-18, Scrips Research.

Map of ADHD variation with location for US kids ages 6-18, Scrips Research. Boys are 2-3 times more often diagnosed as ADHD; diagnosis and medication increase with grade, peaking currently in early college.

This is not to say that there is no such disorder as ADHD, or no benefit from the drugs. My sense, though, is that the label is given too widely, and that the drugs are given too freely. Today drugs are pushed on virtually any kid who’s distracted, napping or hyperactive — to all the members of the big circles in the Venn diagram above, plus to athletes and others who feign ADD to get these, otherwise illegal, performance enhancing drugs. Currently, about 10% of US kids between 6 and 18 are diagnosed ADHD and given drugs, see figure. The numbers higher for boys than girls, higher in the US than abroad, and higher as the kids progress through school. It’s estimated that about 25% of US, 12th grade boys are given amphetamine or Ritalin and its homologs. My sense is that only a small fraction of these deserve drugs, only those with severe social problems, the violent or narcoleptic: those in the smaller circles of the Venn diagram. The test should not be that the kid’s behavior improves on them. Everyone’s attention improves when taking speed. ADHD appears more as an epidemic of overworked, undertrained, underfunded teachers, and a lack of outlets, not of disordered kids, or of real learning, and real learning is never pretty or easy (on all involved).

Robert Buxbaum, April 18, 2014. In general, I think people would be happier if they’d do more artmusicdance and shop, and if they’d embrace their inner weirdo. It would also help if doctors and teachers would use words rather than initials to describe people. It’s far better to be told you’re hyperactive, or that you’re not paying attention, then to be called ADD, HD, or ADHD. There’s far more room for gradation and improvement. I’m not an expert, just an observant observer.

Stoner’s prison and the crack mayor

With the release of a video of Rob Ford, the Mayor of Toronto, smoking crack while in office, and the admission that at least two US presidents smoked pot, as did the Beatles, Stones, and most of Hollywood, it seems worthwhile to consider the costs and benefits of our war on drugs, especially pot. Drugs are typically bad for productivity and usually bad for health. Thus, it seems worthwhile to regulate it, but most countries do not punish drug sale or use nearly as harshly as we do in the US.

The Freak Brothers by Gilbert Shelton. Clearly these boys were not improved by drugs, but perhaps we could do better than incarcerating them, and their fans, for years, or life.

The Freak Brothers by Gilbert Shelton. Clearly these boys were not improved by drugs, but perhaps we could do better than incarcerating them, and their fans, for years, or life.

While US penalties vary state by state, most states have high minimum penalties that a judge can not go below. In Michigan, where I live, medical marijuana is legalized, but all supply is still illegal. Marijuana cultivation, even for personal medical use, is a felony carrying a minimum punishment of 4 years in state prison and a $20,000 fine. For cultivation of more than 20 plants the minimum sentence is 7 years in prison and $500,000; and cultivating 200 or more plants results in 15 years plus a $10,000,000 fine. These are first-time, minimum sentences where the judge can not consider mitigating circumstances, like a prescription, for a drug that was accepted for use in the US in the 70s, is legal in Holland, legalized in Colorado, and is near-legal in Belgium. While many pot smokers were not served by the herb, many went on to be productive, e.g. our current president and the Beatles.

In Michigan, the mandatory minimums get worse if you are a repeat offender, especially a 3 time offender. Possession of hard drugs; and sales or cultivation of marijuana makes you a felon; a gun found on a felon adds 2 years and another felony. With three felonies you go to prison for life, effectively, so there is little difference between the sentence of a repeat violent mugger and a kid selling $10 rocks of crack in Detroit. America has more people in prison than Russia, China, or almost every industrialized nation, per capita, and the main cause is long minimum sentences.

In 2011, Michigan spent an average of $2,343 per month per prisoner, or $28,116/year: somewhat over 1.3 billion dollars per year in total. To this add the destruction of the criminal’s family, and the loss of whatever value he/she might have added to society. Reducing sentences by 10 or 20% would go a long way towards paying off Detroit’s bankruptcy, and would put a lot of useful people back into the work-force where they might do some good for themselves and the state. 60.8% of drug arrestees were employed before they were arrested for drugs, with an average income of $1050/month. That’s a lot of roofers, electricians, carpenters, and musicians — useful people. As best we can tell, the long sentences don’t help, but lead to higher rates of recidivism and increased violent behavior. If you spend years in jail, you are likely to become more violent, rather than less. Some 75% of drug convicts have no prior record of violent crime, so why does a first-time offense have to be a felony. If we need minimums, couldn’t it be 6 months and a $1000 fine, or only apply if there is violence.

Couldn’t we allow judges more leeway in sentencing, especially for drugs? Recall that Michiganders thought they’d legalized marijuana for medical use, and that even hard-drugs were legal not that long ago. There was a time when Coca-Cola contained cocaine and when Pope Leo was a regular drinker of cocaine laced wine. If the two presidents smoked pot, and the Mayor of Toronto could do a decent job after cocaine, why should we incarcerate them for life? Let’s balance strict justice with mercy; so the fabric of society is not strained to breaking.

Robert Buxbaum, Jan 16, 2014. Here are some other thoughts on Detroit and crime.